The Mental Health (Northern Ireland) Order 1986 · 2020. 5. 6. · Document Generated: 2020-05-06...

Changes to legislation: The Mental Health (Northern Ireland) Order 1986, PART III is up to datewith all changes known to be in force on or before 16 December 2020. There are changes thatmay be brought into force at a future date. Changes that have been made appear in the content

and are referenced with annotations. (See end of Document for details) View outstanding changes

STATUTORY INSTRUMENTS

1986 No. 595

The Mental Health (Northern Ireland) Order 1986

PART IIIPATIENTS CONCERNED IN CRIMINALPROCEEDINGS OR UNDER SENTENCE

Remands to hospital

Remand to hospital for report on accused's mental condition

42.—(1) Subject to the provisions of this Article, the Crown Court or a court of summaryjurisdiction may remand an accused person into the care of the Department for admission to hospitalfor a report on his mental condition.

(2) For the purposes of this Article an accused person is—(a) in relation to the Crown Court, any person who is awaiting trial before the court for an

offence punishable with imprisonment or who has been arraigned before the court for suchan offence and has not yet been sentenced or otherwise dealt with for the offence on whichhe has been arraigned;

(b) in relation to a court of summary jurisdiction, any person who has been convicted bythe court of an offence punishable on summary conviction with imprisonment and anyperson charged with such an offence if the court is satisfied that he did the act or madethe omission charged or if he has consented to the exercise by the court of the powersconferred by this Article.

(3) Subject to paragraph (4), the powers conferred by this Article may be exercised if—(a) the court is satisfied, on the oral evidence of a medical practitioner appointed for the

purposes of Part II by [F1RQIA], that there is reason to suspect that the accused person issuffering from mental illness or severe mental impairment; and

(b) the court is of the opinion that it would be impracticable for a report on his mental conditionto be made if he were remanded on bail;

but those powers shall not be exercised by the Crown Court in respect of a person who has beenconvicted before the court if the sentence for the offence of which he has been convicted is fixedby law.

(4) The court shall not remand an accused person under this Article unless an opportunity hasbeen given to the Department to make representations to the court concerning the remand.

(5) Where a court has remanded an accused person under this Article, it may further remand himif it appears to the court, on the written or oral evidence of the medical practitioner responsible formaking the report, that a further remand is necessary for completing the assessment of the accusedperson's mental condition.

Document Generated: 2020-12-16Changes to legislation: The Mental Health (Northern Ireland) Order 1986, PART III is up to date

with all changes known to be in force on or before 16 December 2020. There are changes thatmay be brought into force at a future date. Changes that have been made appear in the content


(6) The power of further remanding an accused person under this Article may be exercised bythe court without his being brought before the court if he is represented by counsel or a solicitor andhis counsel or solicitor is given an opportunity of being heard.

(7) An accused person shall not be remanded or further remanded under this Article for morethan 28 days at a time [F2or for more than 12 weeks in all]; and the court may at any time terminatethe remand if it appears to the court that it is appropriate to do so.

(8) An accused person remanded under this Article shall be entitled to obtain at his own expensean independent report on his mental condition from a medical practitioner chosen by him and toapply to the court on the basis of it for his remand to be terminated under paragraph (7).

(9) Where an accused person is remanded under this Article—(a) it shall be the duty of the Department to designate the hospital to which the accused person

is to be admitted;(b) the court may, pending his admission to hospital, give directions for his conveyance to

and detention in a place of safety;(c) a constable or any other person directed to do so by the court shall convey the accused

person to the hospital designated by the Department within the period of 7 days beginningwith the date of the remand; and

(d) [F3the Board or the authorised [F4HSC trust] managing that hospital] shall admit him withinthat period and thereafter detain him in accordance with the provisions of this Article.

(10) If an accused person absconds from a hospital to which he has been remanded under thisArticle, or while being conveyed to or from that hospital, he may be arrested without warrant byany constable and shall, after being arrested, be brought as soon as practicable before the court thatremanded him; and the court may thereupon terminate the remand and deal with him in any way inwhich it would have dealt with him if he had not been remanded under this Article.

F1 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2

F2 Words in art. 42(7) omitted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2), Sch.10 para. 9 (with ss. 88-90, Sch. 10 paras. 2, 17); S.R. 2020/58, art. 2(c)

F3 1994 NI 2F4 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)

2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

Modifications etc. (not altering text)C1 Art. 42(9)(c) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para.

13(1) (with ss. 88-90, Sch. 10 paras. 2, 18); S.R. 2020/58, art. 2(c)

Remand to hospital for treatment

43.—(1) Subject to the provisions of this Article, the Crown Court may, instead of remandingan accused person in custody, remand him into the care of the Department for admission to hospitalif satisfied, on the oral evidence of a medical practitioner appointed for the purposes of Part II by[F5RQIA] and on the written or oral evidence of one other medical practitioner, that he is sufferingfrom mental illness or severe mental impairment of a nature or degree which warrants his detentionin hospital for medical treatment.

(2) For the purposes of this Article an accused person is any person who is in custody awaitingtrial before the Crown Court for an offence punishable with imprisonment other than an offence thesentence for which is fixed by law, or who at any time before sentence is in custody in the courseof a trial before that court for such an offence.

2

http://www.legislation.gov.uk/id/nia/2009/1


http://www.legislation.gov.uk/id/nia/2009/1/section/32

http://www.legislation.gov.uk/id/nia/2009/1/section/34/3

http://www.legislation.gov.uk/id/nia/2009/1/schedule/6/paragraph/8/1


http://www.legislation.gov.uk/id/nisr/2009/114

http://www.legislation.gov.uk/id/nisr/2009/114/article/2

http://www.legislation.gov.uk/id/ukpga/2020/7

http://www.legislation.gov.uk/id/ukpga/2020/7/section/87/2

http://www.legislation.gov.uk/id/ukpga/2020/7/schedule/10/paragraph/9


http://www.legislation.gov.uk/id/ukpga/2020/7/section/88




http://www.legislation.gov.uk/id/nisr/2020/58/article/2/c

http://www.legislation.gov.uk/id/nisi/1994





http://www.legislation.gov.uk/id/nia/2009/1/schedule/6/paragraph/1/1/d






http://www.legislation.gov.uk/id/ukpga/2020/7/schedule/10/paragraph/13/1










(3) The court shall not remand an accused person under this Article unless an opportunity hasbeen given to the Department to make representations to the court concerning the remand.

(4) Where a court has remanded an accused person under this Article, it may further remand himif it appears to the court, on the written or oral evidence of the responsible medical officer, that afurther remand is warranted.

(5) Paragraphs (6) to (10) of Article 42 shall have effect in relation to a remand under this Articleas they have effect in relation to a remand under that Article.


Modifications etc. (not altering text)C2 Art. 43(1) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 10(1)(2)

(with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

Hospital and guardianship orders

Powers of courts to order hospital admission or guardianship

44.—(1) Where a person is convicted before the Crown Court of an offence punishable withimprisonment other than an offence the sentence for which is fixed by law, or is convicted by a courtof summary jurisdiction of an offence punishable on summary conviction with imprisonment, then—

(a) if the conditions mentioned in paragraph (2) are satisfied, the court may by order (in thisOrder referred to as a “hospital order”) commit him to the care of the Department foradmission to hospital; or

(b) if the conditions mentioned in paragraph (3) are satisfied, the court may by order (in thisOrder referred to as a “guardianship order”) place him under the guardianship of a Board[F6 or an authorised [F7HSC trust]] or of such other person approved by a Board [F6 or anauthorised [F7HSC trust]] as may be specified in the order.

[F8(1A) In the case of an offence the sentence for which would otherwise fall to be imposed—(a) under Article 70(2) of the Firearms (Northern Ireland) Order 2004 (NI 3),(b) under paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006 (c. 38),

or(c) under Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008,

nothing in those provisions shall prevent a court from making an order under paragraph (1) for theadmission of the offender to a hospital

(1B) References in paragraph (1A) to a sentence falling to be imposed under any of the provisionsmentioned in that paragraph are to be read in accordance with Article 4(2) of the Criminal Justice(Northern Ireland) Order 2008.]

(2) The conditions referred to in paragraph (1)(a) are that—(a) the court is satisfied on the oral evidence of a medical practitioner appointed for the

purposes of Part II by [F9RQIA] and on the written or oral evidence of one other medicalpractitioner that the offender is suffering from mental illness or severe mental impairmentof a nature or degree which warrants his detention in hospital for medical treatment; and

(b) the court is of opinion, having regard to all the circumstances, including the nature ofthe offence and the character and antecedents of the offender, and to the other available

3




















methods of dealing with him, that the most suitable means of dealing with the case is bymeans of a hospital order.

(3) The conditions referred to in paragraph (1)(b) are that—(a) the offender has attained the age of 16 years;(b) the court is satisfied on the oral evidence of a medical practitioner appointed for the

purposes of Part II by [F9RQIA] and on the written or oral evidence of one other medicalpractitioner that the offender is suffering from mental illness or severe mental handicap ofa nature or degree which warrants his reception into guardianship;

(c) the court is satisfied on the written or oral evidence of an approved social worker that itis necessary in the interests of the welfare of the patient that he should be received intoguardianship; and

(d) the court is of opinion, having regard to all the circumstances, including the nature ofthe offence and the character and antecedents of the offender, and to the other availablemethods of dealing with him, that the most suitable means of dealing with the case is bymeans of a guardianship order.

(4) Where a person is charged before a court of summary jurisdiction with any act or omissionas an offence and the court would have power, on convicting him of that offence, to make an orderunder paragraph (1) then, if the court is satisfied that the accused did the act or made the omissioncharged, the court may, if it thinks fit, make such an order without convicting him.

(5) A hospital order shall not be made under this Article by a court unless an opportunity has beengiven to the Department to make representations to the court concerning the making of such an order.

(6) A guardianship order placing a patient under the guardianship of any person shall not bemade under this Article unless the court is satisfied that that person is willing to receive the patientinto guardianship.

(7) A hospital order or guardianship order shall specify the form or forms of mental disorderreferred to in sub-paragraph (a) of paragraph (2) or sub-paragraph (b) of paragraph (3) from which,upon the evidence taken into account under that sub-paragraph, the offender is found by the court tobe suffering; and no such order shall be made unless the offender is [F10described by the practitioner]whose evidence is taken into account under that sub-paragraph as suffering from the same form ofmental disorder, [F11whether or not he is also described by the practitioner] as suffering from anotherform.

(8) Where an order is made under this Article, the court shall not pass sentence of imprisonmentor impose a fine or make a probation order in respect of the offence, but may make any other orderwhich the court has power to make apart from this Article; and for the purposes of this paragraph“sentence of imprisonment” includes any sentence or order for detention, including an order under[F12 Article 39 of the Criminal Justice (Children) (Northern Ireland) Order 1998 sending a child underthe age of 17 to a juvenile justice centre.]


2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2F8 Art. 44(1A)(1B) inserted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I.

2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 5(1); S.R. 2008/217, art. 2, Sch. paras. 16, 18(c)(subject to art. 3)


F10 Words in art. 44(7) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2),Sch. 10 para. 10(3)(a) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

4










http://www.legislation.gov.uk/id/nisi/2008/1216


http://www.legislation.gov.uk/id/nisi/2008/1216/article/1/4


http://www.legislation.gov.uk/id/nisi/2008/1216/schedule/5/paragraph/5/1



http://www.legislation.gov.uk/id/nisr/2008/217/schedule/paragraph/16

http://www.legislation.gov.uk/id/nisr/2008/217/schedule/paragraph/18/c












http://www.legislation.gov.uk/id/ukpga/2020/7/schedule/10/paragraph/10/3/a








F11 Words in art. 44(7) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2),Sch. 10 para. 10(3)(b) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

F12 1998 NI 9

Modifications etc. (not altering text)C3 Art. 44(1)(a)(b) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para.

10(1)(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

Interim hospital orders

45.—(1) Where a person is convicted before the Crown Court of an offence punishable withimprisonment other than an offence the sentence for which is fixed by law, or is convicted by a courtof summary jurisdiction of an offence punishable on summary conviction with imprisonment, andthe court before or by which he is convicted is satisfied, on the oral evidence of a medical practitionerappointed for the purposes of Part II by [F13RQIA] and on the written or oral evidence of one othermedical practitioner—

(a) that the offender is suffering from mental illness or severe mental impairment; and(b) that there is reason to suppose that the mental disorder from which the offender is suffering

is such that it may warrant a hospital order being made in his case,the court may, before making a hospital order or dealing with him in some other way, make an order(in this Order referred to as “an interim hospital order”) committing him to the care of the Departmentfor admission to hospital and detention there in accordance with this Article.

(2) In the case of an offender who is subject to an interim hospital order the court may make ahospital order without his being brought before the court if he is represented by counsel or a solicitorand his counsel or solicitor is given an opportunity of being heard.

(3) An interim hospital order shall not be made under this Article by a court unless an opportunityhas been given to the Department to make representations to the court concerning the making ofsuch an order.

(4) An interim hospital order—(a) shall be in force for such period, not exceeding 12 weeks, as the court may specify when

making the order; but(b) may be renewed for further periods of not more than 28 days at a time if it appears

to the court, on the written or oral evidence of the responsible medical officer, that thecontinuation of the order is warranted;

but no such order shall continue in force for more than 6 months in all and the court shall terminatethe order if it makes a hospital order in respect of the offender or decides after considering the writtenor oral evidence of the responsible medical officer to deal with the offender in some other way.

(5) The power of renewing an interim hospital order may be exercised without the offender beingbrought before the court if he is represented by counsel or a solicitor and his counsel or solicitor isgiven an opportunity of being heard.

(6) If an offender absconds from a hospital in which he is detained in pursuance of an interimhospital order, or while being conveyed to or from such a hospital, he may be arrested withoutwarrant by a constable and shall, after being arrested, be brought as soon as practicable before thecourt that made the order; and the court may thereupon terminate the order and deal with him in anyway in which it could have dealt with him if no such order had been made.


5



http://www.legislation.gov.uk/id/ukpga/2020/7/schedule/10/paragraph/10/3/b




























Effect of hospital orders, guardianship orders and interim hospital orders

46.—(1) Where a court makes a hospital order in respect of a patient, it shall be the duty of theDepartment to give effect to the order by designating a hospital for the purposes of paragraph (2)(a);[F14 and the Board or the authorised [F15HSC trust] managing that hospital shall receive the patientaccordingly.]

(2) A hospital order shall be sufficient authority—(a) for a constable, an approved social worker or any other person directed to do so by the

court to convey the patient within the period of 28 days beginning with the date of theorder to such hospital as the Department may designate; and

(b) [F14for the Board or the authorised [F15HSC trust] managing the hospital] to admit him atany time within that period and thereafter detain him in accordance with the provisionsof this Order.

(3) Where an interim hospital order is made in respect of an offender—(a) it shall be the duty of the Department to give effect to the order by designating the hospital

to which the offender is to be admitted;(b) a constable or any other person directed to do so by the court shall convey the offender

to the hospital designated by the Department within the period of 28 days beginning withthe date of the order; and

(c) [F14the Board or the authorised [F15HSC trust] managing that hospital] shall admit himwithin that period and thereafter detain him in accordance with the provisions of Article 45.

(4) The court by which a hospital order or an interim hospital order is made may give suchdirections as it thinks fit for the conveyance of the patient to a place of safety and his detentiontherein pending his admission to hospital [F16in accordance with] paragraph (2)(a) or, as the casemay be, paragraph (3)(b).

(5) A guardianship order shall confer on the Board [F14, authorised [F15HSC trust]] or persontherein named as guardian the same powers as a guardianship application made and accepted underPart II.

(6) A patient who is—(a) admitted to a hospital in pursuance of a hospital order shall be treated for the purposes

of the provisions of Part II mentioned in Part I of Schedule 2 as if he were detainedfor treatment and his date of admission were the date of the order, but subject to anymodifications of those provisions specified in that Part of Schedule 2;

(b) placed under guardianship by a guardianship order shall be treated for the purposes of theprovisions of Part II mentioned in Part I of Schedule 2 as if he had been received intoguardianship on the date of the order in pursuance of a guardianship application duly madeunder Part II, but subject to any modifications of those provisions specified in that Partof Schedule 2.

(7) Where a patient is admitted to a hospital in pursuance of a hospital order, or placed underguardianship by a guardianship order, any previous application, medical report, hospital order orguardianship order by virtue of which he was liable to be detained in a hospital or subject toguardianship shall cease to have effect, but if either of the first-mentioned orders, or the conviction towhich it relates, is quashed on appeal, this paragraph shall not apply and Article 31 shall have effect

6












as if, during any period for which the patient was liable to be detained or subject to guardianshipunder the order, he had been detained in custody as mentioned in that Article.


2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2F16 Words in art. 46(4) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2),

Sch. 10 para. 13(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

Modifications etc. (not altering text)C5 Art. 46(2)(3) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 paras.

13(1), 14(4)(b) (with ss. 88-90, Sch. 10 paras. 2, 18); S.R. 2020/58, art. 2(c)

Restriction orders

Powers of court to restrict discharge from hospital

47.—(1) Where—(a) a court makes a hospital order in respect of any person; and(b) it appears to the court, having regard to the nature of the offence, the antecedents of the

person and the risk of his committing further offences if set at large, that it is necessaryfor the protection of the public from serious harm to do so,

the court may, subject to paragraphs (2) to (5), further order that the person shall be subject to thespecial restrictions set out in this Article, either without limit of time or during such period as maybe specified in the order; and an order under this Article shall be known as “a restriction order”.

(2) The special restrictions applicable to a patient in respect of whom a restriction order is inforce are as follows, that is to say—

(a) none of the provisions of Part II relating to the duration, renewal and expiration of authorityfor the detention of patients shall apply, and the patient shall continue to be liable to bedetained by virtue of the relevant hospital order until he is absolutely discharged underArticle 48, 78, 79 or 80;

(b) no application or reference shall be made to the Review Tribunal in respect of the patientunder Articles 71 to 74;

(c) the following powers shall be exercisable only with the consent of the Secretary of State,namely—

(i) power to grant leave of absence to the patient under Article 15;(ii) power to transfer the patient under Article 28;

and if leave of absence is granted under Article 15 the power to recall the patient shall be vested inthe Secretary of State as well as in the responsible medical officer;

(d) the power of the Secretary of State to recall the patient under Article 15 and the power totake the patient into custody and return him under Article 29 may be exercised at any time;

and in relation to any such patient Article 46(6)(a) shall have effect as if it referred to Part II ofSchedule 2 instead of Part I of that Schedule.

(3) A hospital order shall not cease to have effect under Article 46(7) if a restriction order inrespect of the patient is in force at the material time.

(4) Where a restriction order in respect of a patient ceases to have effect while the relevant hospitalorder continues in force, Article 46 and Part I of Schedule 2 shall apply to the patient as if he had

7





















http://www.legislation.gov.uk/id/ukpga/2020/7/schedule/10/paragraph/14/4/b









been admitted to the hospital in which he is then liable to be detained in pursuance of a hospital order(without a restriction order) made on the date on which the restriction order ceased to have effect.

(5) While a person is subject to a restriction order the responsible medical officer shall at suchintervals (not exceeding one year) as the Secretary of State may direct examine and report to theSecretary of State on that person; and every report shall contain such particulars as the Secretaryof State may require.

Powers of Secretary of State in respect of patients subject to restriction orders

48.—(1) If the Secretary of State is satisfied that in the case of any patient a restriction order isno longer required for the protection of the public from serious harm he may direct that the patientshall cease to be subject to the special restrictions set out in Article 47(2); and where the Secretaryof State so directs, the restriction order shall cease to have effect, and Article 47(4) shall have effectaccordingly.

(2) At any time while a restriction order is in force in respect of a patient, the Secretary of Statemay, if he thinks fit, by warrant discharge the patient from hospital, either absolutely or subject toconditions; and where a patient is absolutely discharged under this paragraph, he shall thereuponcease to be liable to be detained by virtue of the relevant hospital order, and accordingly the restrictionorder shall cease to have effect.

(3) The Secretary of State may at any time during the continuance in force of a restriction orderin respect of a patient who has been conditionally discharged under paragraph (2) by warrant recallthe patient to such hospital as may be specified in the warrant; and thereupon—

(a) if the hospital so specified is not the hospital from which the patient was conditionallydischarged, sub-paragraph (b) of paragraph (2) of Article 46 shall have effect as if thehospital specified in the warrant were substituted for the hospital designated by theDepartment under sub-paragraph (a) of that paragraph; and

(b) in any case, the patient shall be treated for the purposes of Article 29 as if he had absentedhimself without leave from the hospital specified in the warrant, and if the restriction orderwas made for a specified period, that period shall in any event be deemed not to haveexpired until the patient returns to hospital or is returned to hospital under that Article.

(4) If a restriction order in respect of a patient ceases to have effect after the patient has beenconditionally discharged under paragraph (2), the patient shall, unless previously recalled underparagraph (3), be deemed to be absolutely discharged on the date when the order ceases to haveeffect, and accordingly shall cease to be liable to be detained by virtue of the relevant hospital order.

(5) The Secretary of State may, if satisfied that the attendance at any place in Northern Ireland ofa patient who is subject to a restriction order is desirable in the interests of justice or for the purposesof any public inquiry, direct him to be taken to that place; and where a patient is directed under thisparagraph to be taken to any place he shall, unless the Secretary of State otherwise directs, be keptin custody while being so taken, while at that place and while being taken back to the hospital inwhich he is liable to be detained.

Procedure during trial on indictment

Procedure in relation to unfitness to be tried

49.—(1) The following provisions of this Article apply where, on the trial of a person chargedon indictment with the commission of an offence, the question arises (at the instance of the defenceor otherwise) whether the accused is unfit to be tried (in this Article referred to as “the question offitness to be tried”).

8




(2) Subject to paragraph (3), the question of fitness to be tried shall be determined as soon asit arises.

(3) If, having regard to the nature of the supposed mental condition of the accused, the court isof opinion that it is expedient so to do and in the interests of the accused, the court may—

(a) postpone consideration of the question of fitness to be tried until any time up to the openingof the case for the defence; and

(b) if, before the said question falls to be determined, the jury returns a verdict of acquittalon the count or each of the counts on which the accused is being tried, that question shallnot be determined.

(4) The question of fitness to be tried shall be determined[F17 by the court without a jury].

[F18(4A) [F17The court] shall not make a determination under paragraph (4) except on the oralevidence of a medical practitioner appointed for the purposes of Part II by [F19RQIA] and on thewritten or oral evidence of one other medical practitioner.]Paras. (5)#(8) rep. by 1996 NI 24

(9) In this Article and[F18 Articles 49A, 50A and 51(6)] “unfit to be tried” includes unfit to plead.

F17 2004 c. 28F18 1996 NI 24F19 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)

2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2

Modifications etc. (not altering text)C6 Art. 49 modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 10(1)(2)


[F20Finding that the accused did the act or made the omission charged against him

49A.—(1) This Article applies where in accordance with Article 49(4) it is determined by a[F21

court] that the accused is unfit to be tried.(2) The trial shall not proceed or further proceed but it shall be determined by a jury—

(a) on the evidence (if any) already given in the trial; and(b) on such evidence as may be adduced or further adduced by the prosecution, or adduced

by a person appointed by the court under this Article to put the case for the defence,whether it is satisfied, as respects the count or each of the counts on which the accused was to be orwas being tried, that he did the act or made the omission charged against him as the offence.

(3) If as respects that count or any of those counts the jury is satisfied as mentioned inparagraph (2), it shall make a finding that the accused did the act or made the omission chargedagainst him.

(4) If as respects that count or any of those counts the jury is not so satisfied, it shall return averdict of acquittal as if on the count in question the trial had proceeded to a conclusion.

[F21(5) Where the question of fitness to be tried was determined after arraignment of the accused, thedetermination under paragraph (2) is to be made by the jury by whom he was being tried.]]

F20 1996 NI 24F21 2004 c. 28

9



















http://www.legislation.gov.uk/1996/ni24





Procedure in relation to finding of insanity

50.—(1) Where upon the trial on indictment of any person charged with the commission of anoffence—

(a) [F22oral evidence of a medical practitioner appointed for the purposes of Part II by[F23RQIA] and on the written or oral evidence of one other medical practitioner] is giventhat the person charged was an insane person at the time the offence was committed; and

(b) the jury finds that although the person charged did the act or made the omission charged,he was an insane person at that time,

the court shall direct a finding to be recorded to the effect that the person is not guilty of the offencecharged on the ground of insanity.Paras. (2), (3) rep by 1996 NI 24

(4) In this Article “insane person” and “insanity” have the meanings assigned by section 1 of theCriminal Justice Act (Northern Ireland) 1966.





Appeals

[F24Powers to deal with persons not guilty by reason of insanity or unfit to be tried, etc.

50A.—(1) This Article applies where—(a) a finding is recorded that the accused is not guilty by reason of insanity; or(b) findings are recorded that the accused is unfit to be tried and that he did the act or made

the omission charged against him.(2) Subject to paragraphs (3) to (5), the court shall either—

(a) make an order that the accused be admitted to hospital; or(b) make in respect of the accused such one of the following orders as the court thinks most

suitable in all the circumstances of the case, namely—(i) a guardianship order;

(ii) subject to and in accordance with Part II of Schedule 2A, a supervision and treatmentorder within the meaning of that Schedule; and

(iii) an order for his absolute discharge.(3) A person who is admitted to a hospital in pursuance of an order under paragraph (2)(a) shall

be treated for the purposes of this Order—(a) as if he had been so admitted in pursuance of a hospital order made on the date on which

the order under paragraph (2)(a) was made; and(b) if the court so directs, as if a restriction order had been made, either without limit of time

or during such period as may be specified in the direction.

10





















(4) An order shall not be made under paragraph (2)(a) by a court unless an opportunity has beengiven to the Department to make representations to the court concerning the making of such an order.

(5) A guardianship order placing a patient under the guardianship of any person shall not bemade under paragraph (2)(b)(i) unless the court is satisfied that that person is willing to receive thepatient into guardianship.

(6) Where the offence to which the findings relate is an offence the sentence for which is fixedby law—

(a) paragraphs (2)(b), (4) and (5) shall not apply; and(b) the court shall give a direction under paragraph (3)(b) without specifying any period.

(7) Where the Secretary of State is notified by the responsible medical officer that a persondetained in a hospital in pursuance of an order made by virtue of paragraph (1)(b) no longer requirestreatment for mental disorder, the Secretary of State may remit that person for trial—

(a) to the Crown Court at the place where, but for the order, he would have been tried; or(b) to a prison; or(c) to a remand centre; or

[F25(d)

to a juvenile justice centre;]

F26and on his arrival at the Crown Court, prison, remand centreF27 or[F25 juvenile justice centre] theorder shall cease to have effect.

(8) The provisions of Schedule 2A shall have effect with respect to supervision and treatmentorders.]

F24 1996 NI 24F25 1998 NI 9F26 prosp. inserted by 2002 c. 26F27 prosp. subst. by 2002 c. 26

Appeals

51.—(1) On any appeal to any court by a person against a restriction order, the court shall havethe like powers as if the appeal were against the hospital order in respect of him as well as againstthe restriction order.

(2) On any appeal to any court by a person against a hospital order[F28, a supervision and treatmentorder] or a guardianship order, the court shall have the like powers as if the appeal were against anyfurther order made by the court which made the hospital order[F28 supervision and treatment order]or guardianship order, as well as against the hospital order[F28 supervision and treatment order] orguardianship order.

(3) An appeal by a child or young person in respect of whom a hospital order[F28, supervisionand treatment order] or guardianship order has been made, whether the appeal is against the orderor against the finding upon which the order was made, may be brought by him or by his parent orguardian on his behalf.

(4) Where a hospital order[F28, supervision and treatment order], guardianship order or restrictionorder has been made by a court in respect of a person charged before it without convicting him, heshall have the same right of appeal against that order as if it had been made on his conviction andaccordingly any such order shall—

11








(a) for the purposes of section 8 of the Criminal Appeal (Northern Ireland) Act 1980 andArticle 140 of the Magistrates' Courts (Northern Ireland) Order 1981 be treated as if itwere an order made on conviction;

(b) be a determination of the proceedings in which the order was made for the purposes ofArticle 146 of that Order.

(5) On any such appeal as is referred to in paragraph (4), the Court of Appeal or the county courtshall have the same powers as if the appeal had been against both conviction and sentence.

(6) The Criminal Appeal (Northern Ireland) Act 1980 shall have effect subject to the amendmentsset out in Part I of Schedule 5, being amendments for the purpose of—

(a) conferring a right of appeal to the Court of Appeal against a finding that a person chargedon indictment with the commission of an offence is unfit to be tried;

(b) conferring on the Secretary of State a power to refer to the Court of Appeal the case ofany person so charged who has been found unfit to be tried;

(c) empowering the Court of Appeal to make a hospital order where on an appeal the Courtis of opinion that the appellant should have been found unfit to be tried; and

(d) otherwise amending that Act in consequence of the provisions of this Order.

F28 1996 NI 24

Art. 52 rep. by 1996 c. 46

Transfer to hospital of prisoners, etc.

Removal to hospital of persons serving sentences of imprisonment, etc.

53.—(1) If in the case of a person serving a sentence of imprisonment, the Secretary of Stateis satisfied by written reports from at least two medical practitioners, one of whom is a medicalpractitioner appointed for the purposes of Part II by [F29RQIA]—

(a) that the person is suffering from mental illness or severe mental impairment; and(b) that the mental disorder from which the person is suffering is of a nature or degree which

warrants his detention in hospital for medical treatment;the Secretary of State may, if he is of opinion, having regard to the public interest and all thecircumstances, that it is expedient to do so, by warrant direct that that person be admitted to hospital.

(2) A direction under this Article (in this Order referred to as a “transfer direction”) shall ceaseto have effect at the expiration of the period of [F3028 days] beginning with the date on which it isgiven, unless within that period the person with respect to whom it was given has been receivedinto hospital.

(3) A transfer direction with respect to any person shall have the same effect as a hospital ordermade in his case.

(4) A transfer direction shall specify the form or forms of mental disorder referred to in sub-paragraph (a) of paragraph (1) from which, upon the reports taken into account under that paragraph,the patient is found by the Secretary of State to be suffering; and no such direction shall be givenunless the patient is described in each of those reports as suffering from the same form of mentaldisorder, whether or not he is also described in either of them as suffering from another form.

(5) References in this Part to a person serving a sentence of imprisonment include references—(a) to a person detained in pursuance of any sentence or order for detention made by a court

in criminal proceedings, including an order under [F31 Article 39 of the Criminal Justice12





(Children) (Northern Ireland) Order 1998 sending a child to a juvenile justice centre] butnot including an order under any statutory provision to which Article 52 applies;

(b) to a person committed to custody for failure to comply with an order to enter into arecognizance to keep the peace or to be of good behaviour or both; and

(c) to a person committed by a court to a prison in default of payment of any sum adjudgedto be paid on his conviction.


F30 Words in art. 53(2) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2),Sch. 10 para. 13(3) (with ss. 88-90, Sch. 10 paras. 2, 16); S.R. 2020/58, art. 2(c)

F31 1998 NI 9

Modifications etc. (not altering text)C8 Art. 53(1) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 12(1)


Removal to hospital of other prisoners

54.—(1) If in the case of a person to whom this Article applies the Secretary of State is [F32satisfiedby the same report as is required] for the purposes of Article 53—

(a) that the person is suffering from mental illness or severe mental impairment; and(b) that the mental disorder from which the person is suffering is of a nature or degree which

warrants his detention in hospital for medical treatment; and(c) that the person is in urgent need of such treatment,

the Secretary of State shall have the same power of giving a transfer direction in respect of him underthat Article as if he were serving a sentence of imprisonment.

(2) This Article applies to the following persons—(a) persons detained in a prison or remand centre, not being persons serving a sentence of

imprisonment or persons falling within the following sub-paragraphs of this paragraph;(b) persons remanded in custody by a magistrates' court;(c) civil prisoners, that is to say, persons committed by a court to prison for a limited term

who are not persons falling to be dealt with under Article 53;(d) persons detained under the Immigration Act 1971 [F33 or under section 62 of the

Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State)].(3) Paragraphs (2) to (4) of Article 53 shall apply for the purposes of this Article and of any

transfer direction given by virtue of this Article as they apply for the purposes of that Article andof any transfer direction given thereunder.

F32 Words in art. 54(1) substituted (temp.) (2.4.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(2),Sch. 10 para. 12(2) (with ss. 88-90, Sch. 10 para. 2); S.R. 2020/58, art. 2(c)

F33 2002 c. 41

Restriction on discharge of prisoners removed to hospital

55.—(1) Where a transfer direction is given in respect of any person, the Secretary of State may,if he thinks fit, by warrant further direct that that person shall be subject to the special restrictions set

13




































out in Article 47; and where the Secretary of State gives a transfer direction in respect of any suchperson as is mentioned in sub-paragraph (a) or (b) of Article 54(2), he shall also give a directionunder this Article applying those restrictions to him.

(2) A direction under this Article (in this Order referred to as a “restriction direction”) shall havethe same effect as a restriction order made under Article 47.

Further provisions as to prisoners under sentence

56.—(1) Where a transfer direction and a restriction direction have been given in respect of aperson serving a sentence of imprisonment and before[F34 his release date] the Secretary of Stateis notified by the responsible medical officer, the Review Tribunal or any medical practitionerappointed for the purposes of Part II by [F35RQIA] that that person no longer requires treatment inhospital for mental disorder or that no effective treatment for his disorder can be given in the hospitalto which he has been removed, the Secretary of State may—

(a) by warrant direct that he be remitted to any prison,[F36 or juvenile justice centre] in whichhe might have been detained if he had not been removed to hospital, there to be dealt withas if he had not been so removed; or

(b) exercise, or authorise the managers of any[F36 juvenile justice centre] to which he mighthave been remitted to exercise, any power of releasing him on licence or discharging himunder supervision which would have been exercisable if he had been remitted as aforesaid;

and on his arrival in the prison,[F36 or juvenile justice centre], or, as the case may be, his release ordischarge as aforesaid, the transfer direction and the restriction direction shall cease to have effect.

[F34(2) A restriction direction in the case of a person serving a sentence of imprisonment shallcease to have effect, if it has not previously done so, on his release date.

(3) In this Article, references to a person's release date are to the day (if any) on which he wouldbe entitled to be released (whether unconditionally or on licence) from any prison or juvenile justicecentre in which he might have been detained if the transfer direction had not been given; and indetermining that day any powers that would be exercisable by the Sentence Review Commissionersor the [F37Parole Commissioners for Northern Ireland] if he were detained in such a prison or juvenilejustice centre shall be disregarded.]

(4) For the purposes of section 38(2) of the Prison Act (Northern Ireland) 1953 (which providesfor discounting from the sentences of certain prisoners periods while they are unlawfully at large),a patient who, having been transferred in pursuance of a transfer direction from any such institutionas is referred to in that section, is at large in circumstances in which he is liable to be taken intocustody under any provision of this Order, shall be treated as unlawfully at large and absent fromthat institution.

F34 2003 c. 44F35 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)

2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 8(1) (subject to Sch. 6 para. 8(2)-(4)); S.R. 2009/114, art. 2F36 1998 NI 9F37 Words in art. 56(3) substituted (15.5.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I.

2008/1216 (N.I. 1)), arts. 1(4), 102(1), Sch. 5 para. 5(2); S.R. 2008/217, art. 2, Sch. paras. 16, 18(c)(subject to art. 3)

14
















http://www.legislation.gov.uk/id/nisi/2008/1216/schedule/5/paragraph/5/2



http://www.legislation.gov.uk/id/nisr/2008/217/schedule/paragraph/16

http://www.legislation.gov.uk/id/nisr/2008/217/schedule/paragraph/18/c





Further provisions as to detained persons

57.—(1) This Article has effect where a transfer direction has been given in respect of any suchperson as is described in sub-paragraph (a) of Article 54(2) and that person is in this Article referredto as “the detainee”.

(2) The transfer direction shall cease to have effect when the detainee's case is disposed of bythe court having jurisdiction to try or otherwise deal with him, but without prejudice to any powerof that court to make a hospital order or other order under this Part in his case.

(3) If the Secretary of State is notified by the responsible medical officer, the Review Tribunalor any medical practitioner appointed for the purposes of Part II by [F38RQIA] at any time before thedetainee's case is disposed of by that court—

(a) that the detainee no longer requires treatment in hospital for mental disorder; or(b) that no effective treatment for his disorder can be given at the hospital to which he has

been removed,the Secretary of State may by warrant direct that he be remitted to any place where he might havebeen detained if he had not been removed to hospital, there to be dealt with as if he had not beenso removed, and on his arrival at the place to which he is so remitted the transfer direction shallcease to have effect.

(4) If (no direction having been given under paragraph (3)) the court having jurisdiction to tryor otherwise deal with the detainee is satisfied on the written or oral evidence of the responsiblemedical officer—

(a) that the detainee no longer requires treatment in hospital for mental disorder; or(b) that no effective treatment for his disorder can be given at the hospital to which he has

been removed,the court may order him to be remitted to any such place as is mentioned in paragraph (3) or releasedon bail and on his arrival at that place or, as the case may be, his release on bail the transfer directionshall cease to have effect.

(5) If (no direction or order having been given or made under paragraph (3) or (4)) it appears tothe court having jurisdiction to try or otherwise deal with the detainee—

(a) that it is impracticable or inappropriate to bring the detainee before the court; and(b) that the conditions set out in paragraph (6) are satisfied,

the court may make a hospital order (with or without a restriction order) in his case in his absenceand, in the case of a person awaiting trial, without convicting him.

(6) A hospital order may be made in respect of a person under paragraph (5) if the court—(a) is satisfied, on the oral evidence of two medical practitioners appointed for the purposes

of Part II by [F38RQIA], that the detainee is suffering from mental illness or severe mentalimpairment of a nature or degree which warrants his detention in hospital for medicaltreatment; and

(b) is of the opinion, after considering any depositions or other documents required to be sentto the proper officer of the court, that it is proper to make such an order.


Modifications etc. (not altering text)C9 Art. 57(5) modified (temp.) (2.4.2020) by Coronavirus Act 2020 (c. 7), s. 87(2), Sch. 10 para. 11


15



















Further provisions as to persons remanded by magistrates' courts

58.—(1) This Article has effect where a transfer direction has been given in respect of any suchperson as is described in sub-paragraph (b) of Article 54(2); and that person is in this Article referredto as “the accused”.

(2) Subject to paragraph (5), the transfer direction shall cease to have effect on the expirationof the period of remand unless the accused is committed in custody to the Crown Court for trial orto be otherwise dealt with.

(3) Subject to paragraph (4), the power of further remanding the accused may be exercised bythe magistrates' court without his being brought before the court; and if the court further remandsthe accused in custody (whether or not he is brought before the court) the period of remand shall,for the purposes of this Article, be deemed not to have expired.

(4) The court shall not under paragraph (3) further remand the accused in his absence unless hehas appeared before the court within the previous 6 months.

(5) If the magistrates' court is satisfied, on the written or oral evidence of the responsible medicalofficer—

(a) that the accused no longer requires treatment in hospital for mental disorder; or(b) that no effective treatment for his disorder can be given in the hospital to which he has

been removed,the court may direct that the transfer direction shall cease to have effect notwithstanding that theperiod of remand has not expired or that the accused is committed to the Crown Court as mentionedin paragraph (2).

(6) If the accused is committed to the Crown Court as mentioned in paragraph (2) and the transferdirection has not ceased to have effect under paragraph (5), Article 57 shall apply as if the transferdirection given in his case were a direction given in respect of a person falling within that Article.

(7) The magistrates' court may, in the absence of the accused, conduct a preliminary investigationor preliminary inquiry into an offence alleged to have been committed by him and commit him fortrial in accordance with Article 37 of the Magistrates' Courts (Northern Ireland) Order 1981 if—

(a) the court is satisfied on the written or oral evidence of the responsible medical officer, thatthe accused is unfit to take part in the proceedings; and

(b) the accused is represented by counsel or a solicitor.

Further provisions as to civil prisoners and persons detained under the Immigration Act 1971

59 F39.—(1) Subject to paragraph (2), a transfer direction given in respect of any such person asis described in sub-paragraph (c) or (d) of Article 54(2) shall cease to have effect on the expirationof the period during which he would, but for his removal to hospital, be liable to be detained in theplace from which he was removed.

(2) Where a transfer direction and a restriction direction have been given in respect of any suchperson as is mentioned in paragraph (1), then, if the Secretary of State is notified by the responsiblemedical officer, the Review Tribunal or any medical practitioner appointed for the purposes of PartII by [F40RQIA] at any time before the expiration of the period there mentioned—

(a) that that person no longer requires treatment in hospital for mental disorder; or(b) that no effective treatment for his disorder can be given in the hospital to which he has

been removed,the Secretary of State may by warrant direct that he be remitted to any place where he might havebeen detained if he had not been removed to hospital, and on his arrival at the place to which he isso remitted the transfer direction and the restriction direction shall cease to have effect.

16




F39 mod. by 2002 c. 41F40 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)


Supplementary

Requirements as to written evidence

60.—(1) For the purposes of any provision of this Part under which a court may act on the writtenevidence of a medical practitioner or a medical practitioner of any description or an approved socialworker, a report in writing purporting to be signed by a medical practitioner or a medical practitionerof such a description or by an approved social worker may, subject to the provisions of this Article,be received in evidence without proof of the signature of the practitioner or approved social workerand without proof that he has the requisite qualifications or is of the requisite description; but thecourt may require the signatory of any such report to be called to give oral evidence.

(2) Where, in pursuance of a direction of the court, any such report is tendered in evidenceotherwise than by or on behalf of the person who is the subject of the report, then—

(a) if that person is represented by counsel or a solicitor, a copy of the report shall be givento his counsel or solicitor;

(b) if that person is not so represented, the substance of the report shall be disclosed to himor, where he is a childF41. . . , to his parent or guardian if present in court; and

(c) that person may require the signatory of the report to be called to give oral evidence, andevidence to rebut the evidence contained in the report may be called by or on behalf ofthat person.

F41 1998 NI 9

Interpretation of Part III

61.—[F42(1) In this Part the following words and expressions have the same meaning as in theCriminal Justice (Children) (Northern Ireland) Order 1998, namely—

(a) child;(b) guardian;(c) juvenile justice centre.

(1A) In this Part “place of safety” in relation to a child means any juvenile justice centre, anypolice station, any hospital or surgery, or any other suitable place, the occupier of which is willingtemporarily to receive a child.]

(2) In this Part “place of safety”, in relation to a person not being a childF43. . . , means anyRoyal Ulster Constabulary station or any prison or any hospital of which the[F43 managing Board orauthorised [F44HSC trust]] is willing temporarily to receive him.

(3) In this Part “prison” has the same meaning as in the Prison Act (Northern Ireland) 1953.(4) Any reference in this Part to an offence punishable on summary conviction with

imprisonment—(a) includes a reference to an indictable offence which may be tried summarily; and(b) shall be construed without regard to any prohibition or restriction imposed by or under

any statutory provision on the imprisonment of childrenF42. . . .17














(5) Where a patient who is liable to be detained in a hospital in pursuance of an order or directionunder this Part is treated by virtue of any provision of this Order as if he had been admitted to thehospital in pursuance of a subsequent order or direction, he shall be treated as if the subsequent orderor direction had described him as suffering from the form or forms of mental disorder specified in theearlier order or direction, or where he is treated as if he had been so admitted by virtue of a directionunder Article 48, such form of mental disorder as may be specified in the direction under that Article.

(6) In the following provisions—Article 46(2), (5), (6) and (7);Article 47(2) to (5);Article 48,any reference to a hospital order, a guardianship order or a restriction order shall be construedas including a reference to any order or direction under this Part or any other statutory provisionhaving the same effect as the first-mentioned order; and the modifications set out in Schedule 2in respect of the provisions of Part II described in that Schedule accordingly include thosewhich are consequential on this paragraph.

(7) References in this Part to persons serving a sentence of imprisonment shall be construed inaccordance with Article 53(5).

(8) Section 174 of the Children and Young Persons Act (Northern Ireland) 1968 (which relatesto the presumption and determination of age) shall apply for the purposes of this Part as it appliesfor the purposes of that Act[F42 and Article 62 of the Criminal Justice (Children) (Northern Ireland)Order 1998 shall apply for the purposes of this Part as it applies for the purposes of that Order.]

F42 1998 NI 9F43 1994 NI 2F44 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland)

2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

18











Changes to legislation: The Mental Health (Northern Ireland) Order 1986, PART III is up to date with all changes knownto be in force on or before 16 December 2020. There are changes that may be brought into forceat a future date. Changes that have been made appear in the content and are referenced withannotations.View outstanding changes

Changes and effects yet to be applied to :– Pt 3 repealed by 2016 c. 18 (N.I.) Sch. 8 para. 27Sch. 11

Changes and effects yet to be applied to the whole Order associated Parts andChapters:Whole provisions yet to be inserted into this Order (including any effects on thoseprovisions):– Sch. 5 Pt. 2 repealed in part by S.I. 2003/435 (N.I.) Sch. 5 (text not available on

Legislation.gov.uk)– Sch.05 Pt. 1 rev. in pt. by 1995 c. 35 s. 29(2)Sch. 3– Sch. 5 Pt. 2 rev. in pt. by 1998 c. 47 s. 100(2)Sch. 15– art. 14A inserted by 2016 c. 18 (N.I.) Sch. 8 para. 10– art. 36(2)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(3)– art. 36(3)(e) and word inserted by 2016 c. 18 (N.I.) Sch. 8 para. 22(4)(d)– art. 37(1)(za) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(2)(a)– art. 37(1A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 23(3)– art. 52 rev. by 1996 c. 46 s. 35(2)Sch.7 Pt. 3– art.52 rev. (DrosD,) by 1996 c. 46 s. 35(2)Sch.7 Pt.III– art. 63A63B inserted by 2016 c. 18 (N.I.) Sch. 8 para. 31– art. 67(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 35(4)– art. 83(4A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 48(4)– art. 120(4) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 59(4– art. 133(2A) inserted by 2016 c. 18 (N.I.) Sch. 8 para. 68(4)


http://www.legislation.gov.uk/id/nia/2016/18/schedule/8

http://www.legislation.gov.uk/id/nia/2016/18/schedule/8/paragraph/27



http://www.legislation.gov.uk/id/nisi/2003/435/schedule/5



http://www.legislation.gov.uk/id/ukpga/1995/35/schedule/3















http://www.legislation.gov.uk/id/nia/2016/18/schedule/8/paragraph/23/2/a







http://www.legislation.gov.uk/id/ukpga/1996/46/schedule/7/part/III




http://www.legislation.gov.uk/id/ukpga/1996/46/schedule/7/part/III















The Mental Health (Northern Ireland) Order 1986 · 2020. 5. 6. · Document Generated: 2020-05-06...

Documents

Transcript of The Mental Health (Northern Ireland) Order 1986 · 2020. 5. 6. · Document Generated: 2020-05-06...